One- to four-family residence; eligibility
Construction advances
Notwithstanding any other provision of this chapter, the Secretary may, with respect to mortgages eligible for insurance under subsection (a), insure and make commitments to insure advances made during construction if the Secretary determines that the proposed construction is otherwise acceptable and that no feasible financing alternative is available.
Insurance of mortgage as obligation of General Insurance Fund
section 1710 of this titlesection 1710 of this titlesection 1709 of this titleNotwithstanding any other provision of this chapter, the insurance of a mortgage using the authority contained in this section shall be the obligation of the Mutual Mortgage Insurance Fund. The mortgagee shall be eligible to receive the benefits of insurance as provided in with respect to mortgages insured pursuant to this section, except that all references in to shall be construed to refer to the section under which the mortgage is insured.
“Native Hawaiian” and “Hawaiian home lands” defined
Native Hawaiian
42 Stat. 11173 Stat. 5The term “native Hawaiian” means any descendant of not less than one-half part of the blood of the races inhabiting the Hawaiian Islands before , or, in the case of an individual who is awarded an interest in a lease of Hawaiian home lands through transfer or succession, such lower percentage as may be established for such transfer or succession under section 208 or 209 of the Hawaiian Homes Commission Act of 1920 (), or under the corresponding provision of the Constitution of the State of Hawaii adopted under section 4 of the Act entitled “An Act to provide for the admission of the State of Hawaii into the Union”, approved ().
Hawaiian home lands
42 Stat. 11073 Stat. 5The term “Hawaiian home lands” means all lands given the status of Hawaiian home lands under section 204 of the Hawaiian Homes Commission Act of 1920 (), or under the corresponding provision of the Constitution of the State of Hawaii adopted under section 4 of the Act entitled “An Act to provide for the admission of the State of Hawaii into the Union”, approved ().
Certification of eligibility for existing lessees
42 Stat. 110Possession of a lease of Hawaiian home lands issued under section 207(a) of the Hawaiian Homes Commission Act of 1920 (), shall be sufficient to certify eligibility to receive a mortgage under this section.
June 27, 1934, ch. 847Pub. L. 98–181, title I97 Stat. 1213Pub. L. 100–202, § 101(f) [title I, § 101]101 Stat. 1329–187Pub. L. 100–242, title IV101 Stat. 1906Pub. L. 100–628, title X, § 1065102 Stat. 3275Pub. L. 107–73, title II, § 215115 Stat. 677Pub. L. 110–289, div. B, title I, § 2119(a)122 Stat. 2835(, title II, § 247, as added [title IV, § 421], , ; amended , , , 1329–191; , §§ 413(a), (b), 429(h), , , 1919; , , ; , , ; , , .)
Editorial Notes
References in Text
act July 9, 1921, ch. 4242 Stat. 108The Hawaiian Homes Commission Act, 1920, referred to in subsec. (a)(1), is , . The Hawaiian Homes Commission Act of 1920, referred to in subsecs. (d) and (e), probably means the Hawaiian Homes Commission Act, 1920. Sections 204, 207, 208, and 209 of that Act were classified to sections 698, 701, 702, and 703 of Title 48, Territories and Insular Possessions, and were omitted from the Code.
73 Stat. 5section 4 of Pub. L. 86–373 Stat. 5section 491 of Title 48Section 4 of the Act entitled “An Act to provide for the admission of the State of Hawaii into the Union”, approved (), referred to in subsecs. (a)(1) and (d), is , , , which is set out as a note preceding .
Amendments
Pub. L. 110–289section 1735c of this titlesection 1710 of this title2008—Subsec. (c). substituted “Mutual Mortgage Insurance Fund” for “General Insurance Fund established in ” and struck out “(1) all references in to the Mutual Mortgage Insurance Fund or the Fund shall be construed to refer to the General Insurance Fund; and (2)” after “except that”.
Pub. L. 107–73, § 215(1)2001—Subsec. (d)(1), (2). , added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows:
73 Stat. 5“(1) The term ‘native Hawaiian’ means any descendant of not less than one-half part of the blood of the races inhabiting the Hawaiian Islands before (or, in the case of an individual who succeeds a spouse or parent in an interest in a lease of Hawaiian home lands, such lower percentage as may be established for such succession under section 209 of the Hawaiian Homes Commission Act, 1920, or under the corresponding provision of the Constitution of the State of Hawaii adopted under section 4 of the Act entitled ‘An Act to provide for the admission of the State of Hawaii into the Union’, approved ()).
73 Stat. 5“(2) The term ‘Hawaiian home lands’ means all lands given the status of Hawaiian home lands under section 204 of the Hawaiian Homes Commission Act, 1920, or under the corresponding provision of the Constitution of the State of Hawaii adopted under section 4 of the Act entitled ‘An Act to provide for the admission of the State of Hawaii into the Union’, approved ().”
Pub. L. 107–73, § 215(2)Subsec. (e). , added subsec. (e).
Pub. L. 100–242, § 429(h)1988—Subsec. (a)(2). , substituted “mortgagor” for “Mortgagor”.
Pub. L. 100–628Pub. L. 100–242, § 413(a)Subsecs. (c), (d). clarified amendment by , (b).
Pub. L. 100–242, § 413(a)Pub. L. 100–202, (b), made amendment identical to . See 1987 Amendment note below.
Pub. L. 100–2021987—Subsec. (c). added subsec. (c). Former subsec. (c) redesignated (d).
Pub. L. 100–202Subsec. (d). extended subsec. (c)(1) term “native Hawaiian” to include in the case of succession in an interest in a lease of Hawaiian homelands any descendant of a percentage less than one-half of the blood of the races inhabiting the Hawaiian Islands before , as may be established under statute or constitution for succession; and redesignated subsec. (c), including such par. (1), as subsec. (d).